[Congressional Record (Bound Edition), Volume 152 (2006), Part 11]
[House]
[Pages 15540-15547]
[From the U.S. Government Publishing Office, www.gpo.gov]




        VETERANS SMALL BUSINESS AND MEMORIAL AFFAIRS ACT OF 2006

  Mr. BRADLEY of New Hampshire. Madam Speaker, I move to suspend the 
rules and pass the bill (H.R. 3082) to amend title 38, United States 
Code, to require that 9 percent of procurement contracts entered into 
by the Department of Veterans Affairs be awarded to small business 
concerns owned by veterans, and for other purposes, as amended.
  The Clerk read as follows

                               H.R. 3082

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Veterans 
     Small Business and Memorial Affairs Act of 2006''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.

                        TITLE I--SMALL BUSINESS

Sec. 101. Department of Veterans Affairs goals for participation by 
              small businesses owned and controlled by veterans in 
              procurement contracts.
Sec. 102. Department of Veterans Affairs contracting priority for 
              veteran-owned small businesses.
Sec. 103. Effective date.

                       TITLE II--MEMORIAL AFFAIRS

Sec. 201. Eligibility of Indian tribal organizations for grants for the 
              establishment of veterans cemeteries on trust lands.
Sec. 202. Repeal of expiration and expanded application of Department 
              of Veterans Affairs benefit for Government markers or 
              headstones for marked graves of veterans buried in 
              private cemeteries.
Sec. 203. Provision of Government memorial headstones or markers and 
              memorial inscriptions for deceased dependent children of 
              veterans whose remains are unavailable for burial.

              TITLE III--VETERANS' EMPLOYMENT AND TRAINING

Sec. 301. Professional qualifications for disabled veterans' outreach 
              program specialists and local veterans' employment 
              representatives.
Sec. 302. Rules for part-time employment for disabled veterans' 
              outreach program specialists and local veterans' 
              employment representatives.
Sec. 303. State licensing and certification programs for veterans.
Sec. 304. Training of new disabled veterans' outreach program 
              specialists and local veterans' employment 
              representatives by NVTI required.
Sec. 305. Matters for inclusion in annual report on VETS program.
Sec. 306. Demonstration project on contracting for placement of certain 
              disabled veterans.
Sec. 307. Performance incentive awards for employment service offices.
Sec. 308. Department of Labor implementation of priority of service for 
              veterans requirement.
Sec. 309. Demonstration project on credentialing and licensure of 
              veterans.

                          TITLE IV--EDUCATION

Sec. 401. Exception for institutions offering Government-sponsored 
              nonaccredited courses to requirement of refunding unused 
              tuition.
Sec. 402. Extension of work-study allowance.
Sec. 403. Report on improvement in administration of educational 
              assistance benefits.
Sec. 404. Restoration of lost entitlement for individuals who had to 
              discontinue a course of education because of being 
              ordered to full-time National Guard duty.
Sec. 405. Technical amendments.

                        TITLE I--SMALL BUSINESS

     SEC. 101. DEPARTMENT OF VETERANS AFFAIRS GOALS FOR 
                   PARTICIPATION BY SMALL BUSINESSES OWNED AND 
                   CONTROLLED BY VETERANS IN PROCUREMENT 
                   CONTRACTS.

       (a) In General.--Subchapter II of chapter 81 of title 38, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 8127. Small business concerns owned and controlled by 
       veterans; Department contracting goals and preferences

       ``(a) Contracting Goals.--(1) In order to increase 
     contracting opportunities for small business concerns owned 
     and controlled by veterans and small business concerns owned 
     and controlled by veterans with service-connected 
     disabilities, the Secretary shall--
       ``(A) establish a goal for each fiscal year for 
     participation in Department contracts (including 
     subcontracts) by small business concerns owned and controlled 
     by veterans who are not veterans with service-connected 
     disabilities in accordance with paragraph (2); and
       ``(B) establish a goal for each fiscal year for 
     participation in Department contracts (including 
     subcontracts) by small business concerns owned and controlled 
     by veterans with service-connected disabilities in accordance 
     with paragraph (3).
       ``(2) The goal for a fiscal year for participation under 
     paragraph (1)(A) shall be determined by the Secretary.

[[Page 15541]]

       ``(3) The goal for a fiscal year for participation under 
     paragraph (1)(B) shall be not less than the Government-wide 
     goal for that fiscal year for participation by small business 
     concerns owned and controlled by veterans with service-
     connected disabilities under section 15(g)(1) of the Small 
     Business Act (15 U.S.C. 644(g)(1)).
       ``(4) The annual performance review of the senior official 
     of each Administration of the Department and each Assistant 
     Secretary of the Department with procurement authority shall 
     include an assessment of whether or not that official or 
     Assistant Secretary met the contracting goals established 
     pursuant to this subsection during the year for which the 
     performance review is conducted with respect to contracts 
     awarded during that year for which that official or Assistant 
     Secretary had responsibility. If the official or Assistant 
     Secretary is found not to have met such contracting goals, 
     the official or Assistant Secretary shall not receive an 
     award known as a performance award or an award known as a 
     presidential rank award for that year.
       ``(5) In the case of a subcontract of a Department contract 
     that is counted for purposes of meeting a goal established 
     pursuant to this section, the Secretary shall conduct a 
     review of the contract and subcontract to verify that the 
     subcontract was actually awarded to a business concern that 
     may be counted for purposes of meeting that goal.
       ``(6) The Secretary shall maintain a list based on the 
     reviews conducted under paragraph (5) that contains the name 
     of the contractor associated with each contract reviewed 
     under that paragraph and whether each subcontract awarded by 
     the contractor that is counted for purposes of meeting a goal 
     established pursuant to this section was actually awarded to 
     and performed by a business concern that may be counted for 
     purposes of meeting that goal. The Secretary shall make such 
     list publicly available.
       ``(b) Use of Noncompetitive Procedures for Certain Small 
     Contracts.--For purposes of meeting the goals under 
     subsection (a), and in accordance with this section, in 
     entering into a contract with a small business concern owned 
     and controlled by veterans for an amount less than the 
     simplified acquisition threshold (as defined in section 4 of 
     the Office of Federal Procurement Policy Act (41 U.S.C. 
     403)), a contracting officer of the Department may use 
     procedures other than competitive procedures.
       ``(c) Sole Source Contracts for Contracts Above Simplified 
     Acquisition Threshold.--For purposes of meeting the goals 
     under subsection (a), and in accordance with this section, a 
     contracting officer of the Department may award a contract to 
     a small business concern owned and controlled by veterans 
     using procedures other than competitive procedures if--
       ``(1) such concern is determined to be a responsible source 
     with respect to performance of such contract opportunity;
       ``(2) the anticipated award price of the contract 
     (including options) will exceed the simplified acquisition 
     threshold (as defined in section 4 of the Office of Federal 
     Procurement Policy Act (41 U.S.C. 403)) but will not exceed 
     $5,000,000; and
       ``(3) in the estimation of the contracting officer, the 
     contract award can be made at a fair and reasonable price 
     that offers best value to the United States.
       ``(d) Use of Restricted Competition.--Except as provided in 
     subsections (b) and (c), for purposes of meeting the goals 
     under subsection (a), and in accordance with this section, a 
     contracting officer of the Department shall award contracts 
     on the basis of competition restricted to small business 
     concerns owned and controlled by veterans if the contracting 
     officer has a reasonable expectation that two or more small 
     business concerns owned and controlled by veterans will 
     submit offers and that the award can be made at a fair and 
     reasonable price that offers best value to the United States.
       ``(e) Eligibility of Small Business Concerns.--A small 
     business concern may be awarded a contract under this section 
     only if the small business concern and the veteran owner of 
     the small business concern are listed in the database of 
     veteran-owned businesses maintained by the Secretary under 
     subsection (f).
       ``(f) Database of Veteran-Owned Businesses.--(1) Subject to 
     paragraphs (2) through (6), the Secretary shall maintain a 
     database of small business concerns owned and controlled by 
     veterans and the veteran owners of such business concerns.
       ``(2) To be eligible for inclusion in the database, such a 
     veteran shall submit to the Secretary such information as the 
     Secretary may require with respect to the small business 
     concern or the veteran.
       ``(3) Information maintained in the database shall be 
     submitted on a voluntary basis by such veterans.
       ``(4) In maintaining the database, the Secretary shall 
     carry out at least the following two verification functions:
       ``(A) Verification that each small business concern listed 
     in the database is owned and controlled by veterans.
       ``(B) In the case of a veteran who indicates a service-
     connected disability, verification of the service-disabled 
     status of such veteran.
       ``(5) The Secretary shall make the database available to 
     all Federal departments and agencies and notify each such 
     department and agency of the availability of the database.
       ``(6) If the Secretary determines that the public 
     dissemination of certain types of information maintained in 
     the database is inappropriate, the Secretary shall take such 
     steps as are necessary to maintain such types of information 
     in a secure and confidential manner.
       ``(g) Enforcement Penalties for Misrepresentation.--Any 
     small business concern that is determined by the Secretary to 
     have misrepresented the status of that concern as a small 
     business concern owned and controlled by veterans or as a 
     small business concern owned and controlled by service-
     disabled veterans for purposes of this subsection shall be 
     debarred from contracting with the Department for a period of 
     five years.
       ``(h) Treatment of Businesses After Death of Veteran-
     Owner.--(1) If the death of a veteran causes a small business 
     concern to be less than 51 percent owned by one or more 
     veterans, the surviving spouse of such veteran who acquires 
     ownership rights in such small business concern shall, for 
     the period described in paragraph (2), be treated as if the 
     surviving spouse were that veteran for the purpose of 
     maintaining the status of the small business concern as a 
     small business concern owned and controlled by veterans.
       ``(2) The period referred to in paragraph (1) is the period 
     beginning on the date on which the veteran dies and ending on 
     the earliest of the following dates:
       ``(A) The date on which the surviving spouse remarries.
       ``(B) The date on which the surviving spouse relinquishes 
     an ownership interest in the small business concern.
       ``(C) The date that is ten years after the date of the 
     veteran's death.
       ``(3) The death of a veteran-owner of a small business 
     concern or a surviving spouse of such a veteran-owner who 
     acquires ownership rights in such concern shall not be cause 
     for termination of a contract awarded under this section that 
     is in effect at the time of death of such owner or surviving 
     spouse.
       ``(i) Change in Ownership or Control.--(1) Except as 
     provided in subsection (h), if a small business concern that 
     is awarded a contract under this section undergoes a change 
     in management or control during the period for which the 
     contract is in effect such that it is no longer a small 
     business concern owned and controlled by veterans, the 
     Secretary shall end the contract on the date on which the 
     performance of the term of the contract is complete.
       ``(2) Such a contract that contains an option or options to 
     extend the contract may be extended for a total of not more 
     than 1 year pursuant to any such option.
       ``(j) Priority for Contracting Preferences.--Preferences 
     for awarding contracts to small business concerns shall be 
     applied in the following order of priority:
       ``(1) Contracts awarded pursuant to subsection (b), (c), or 
     (d) to small business concerns owned and controlled by 
     veterans with service-connected disabilities.
       ``(2) Contracts awarded pursuant to subsection (b), (c), or 
     (d) to small business concerns owned and controlled by 
     veterans that are not covered by subparagraph (A).
       ``(3) Contracts awarded pursuant to--
       ``(A) section 8(a) of the Small Business Act (15 U.S.C. 
     637(a)); or
       ``(B) section 31 of such Act (15 U.S.C. 657a).
       ``(4) Contracts awarded pursuant to any other small 
     business contracting preference.
       ``(k) Quarterly Reports.--Not later than 60 days after the 
     last day of a fiscal quarter, the Secretary shall submit to 
     Congress a report on small business contracting during that 
     fiscal quarter, which shall include the following:
       ``(1) The percentage of the total amount of all contracts 
     awarded by the Department during that fiscal quarter that 
     were awarded to small business concerns owned and controlled 
     by veterans.
       ``(2) The percentage of the total amount of all such 
     contracts awarded to small business concerns owned and 
     controlled by veterans with service-connected disabilities.
       ``(3) The percentage of the total amount of all contracts 
     awarded by each Administration of the Department during that 
     fiscal quarter that were awarded to small business concerns 
     owned and controlled by veterans.
       ``(4) The percentage of the total amount of all contracts 
     awarded by each such Administration during that fiscal 
     quarter that were awarded to small business concerns owned 
     and controlled by veterans.
       ``(l) Definitions.--In this section:
       ``(1) The term `small business concern' has the meaning 
     given that term under section 3 of the Small Business Act (15 
     U.S.C. 632).
       ``(2) The term `small business concern owned and controlled 
     by veterans' means a small business concern--
       ``(A)(i) not less than 51 percent of which is owned by one 
     or more veterans or, in the case of a publicly owned 
     business, not less than 51 percent of the stock of which is 
     owned by one or more veterans; and
       ``(ii) the management and daily business operations of 
     which are controlled by one or more veterans; or
       ``(B) not less than 51 percent of which is owned by one or 
     more veterans with service-connected disabilities that are 
     permanent and total who are unable to manage the daily 
     business operations of such concern or, in the case of a 
     publicly owned business, not less than 51 percent of the 
     stock of which is owned by one or more such veterans.''.
       (b) Transition Rule.--A small business concern that is 
     listed in any small business database maintained by the 
     Secretary of Veterans

[[Page 15542]]

     Affairs on the date of the enactment of this Act shall be 
     presumed to be eligible for inclusion in the database under 
     subsection (f) of section 8127 of title 38, United States 
     Code, as added by subsection (a), during the period beginning 
     on the date of the enactment of this Act and ending one year 
     after the date of the enactment of this Act. Such a small 
     business concern may be removed from the database during that 
     period if it is found not to be a small business concern 
     owned and controlled by veterans (as defined in subsection 
     (l) of such section).
       (c) Comptroller General Report and Study.--(1) During the 
     first three fiscal years for which this section is in effect, 
     the Comptroller General shall conduct a study on the efforts 
     made by the Secretary of Veterans Affairs to meet the 
     contracting goals established pursuant to section 8127 of 
     title 38, United States Code, as added by subsection (a).
       (2) On January 31 of each year during which the Comptroller 
     General conducts the study under paragraph (1), the 
     Comptroller General shall submit to Congress an interim 
     report on such study, placing special emphasis on any 
     structural or organizational issues within the Department of 
     Veterans Affairs that might act as an impediment to reaching 
     such contracting goals.
       (3) Not later than 90 days after the end of the three-year 
     period during which the Comptroller General conducts the 
     study under paragraph (1), the Comptroller General shall 
     submit to Congress a report on the findings of such study.
       (d) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 8126 the following new item:

``8127. Small business concerns owned and controlled by veterans; 
              Department contracting goals and preferences.''.

     SEC. 102. DEPARTMENT OF VETERANS AFFAIRS CONTRACTING PRIORITY 
                   FOR VETERAN-OWNED SMALL BUSINESSES.

       (a) Priority for Veteran-Owned Small Businesses.--
     Subchapter II of chapter 81 of title 38, United States Code, 
     as amended by section 101(a), is further amended by adding at 
     the end the following new section:

     ``Sec. 8128. Contracting priority for small business concerns 
       owned and controlled by veterans

       ``(a) In General.--In procuring goods and services pursuant 
     to a contracting preference under this title or any other 
     provision of law, the Secretary shall give priority to a 
     small business concern owned and controlled by veterans, if 
     such business concern also meets the requirements of that 
     contracting preference.
       ``(b) Definition.--The term `small business concern owned 
     and controlled by veterans' means a small business concern 
     that is on the list maintained by the Secretary under section 
     8127(f) of this title.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter, as amended by section 101, is 
     further amended by inserting after the item relating to 
     section 8127 the following new item:

``8128. Contracting priority for small business concerns owned and 
              controlled by veterans.''.

     SEC. 103. EFFECTIVE DATE.

       This title and the amendments made by this title shall take 
     effect on the date that is 180 days after the date of the 
     enactment of this Act.

                       TITLE II--MEMORIAL AFFAIRS

     SEC. 201. ELIGIBILITY OF INDIAN TRIBAL ORGANIZATIONS FOR 
                   GRANTS FOR THE ESTABLISHMENT OF VETERANS 
                   CEMETERIES ON TRUST LANDS.

       Section 2408 of title 38, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(f)(1) The Secretary may make grants under this 
     subsection to any tribal organization to assist the tribal 
     organization in establishing, expanding, or improving 
     veterans' cemeteries on trust land owned by, or held in trust 
     for, the tribal organization.
       ``(2) Grants under this subsection shall be made in the 
     same manner, and under the same conditions, as grants to 
     States are made under the preceding provisions of this 
     section.
       ``(3) In this subsection:
       ``(A) The term `tribal organization' has the meaning given 
     that term in section 3765(4) of this title.
       ``(B) The term `trust land' has the meaning given that term 
     in section 3765(1) of this title.''.

     SEC. 202. REPEAL OF EXPIRATION AND EXPANDED APPLICATION OF 
                   DEPARTMENT OF VETERANS AFFAIRS BENEFIT FOR 
                   GOVERNMENT MARKERS OR HEADSTONES FOR MARKED 
                   GRAVES OF VETERANS BURIED IN PRIVATE 
                   CEMETERIES.

       (a) Repeal of Expiration of Government Marker Benefit and 
     Obsolete Provision.--Section 2306(d) of title 38, United 
     States Code, is amended by striking paragraphs (3) and (4).
       (b) Application of Government Marker Benefit to Veterans 
     Dying on or After November 1, 1990.--Subsection (d) of 
     section 502 of the Veterans Education and Benefits Expansion 
     Act of 2001 (Public Law 107-103; 38 U.S.C. 2306 note) is 
     amended by striking ``September 11, 2001'' and inserting 
     ``November 1, 1990''.
       (c) Provision of Government Headstones.--
       (1) Provision of headstones.--Subsection (d) of section 
     2306 of title 38, United States Code, is amended--
       (A) in paragraph (1)--
       (i) in the first sentence, by inserting ``headstone or'' 
     after ``Government''; and
       (ii) in the second sentence, by inserting ``headstone or'' 
     before ``marker'' each place it appears; and
       (B) in paragraph (2), by inserting ``headstone or'' before 
     ``marker''.
       (2) Conforming amendment.--Subsection (g)(3) of such 
     section is amended by inserting ``headstone or'' before 
     ``marker''.
       (d) Placement of Government Headstones or Markers.--
     Subsection (d)(1) of such section, as amended by subsection 
     (c), is further amended by adding at the end the following 
     new sentence: ``If placing the Government headstone or marker 
     on the grave for which it is requested is impossible or 
     impracticable, a headstone or marker may be furnished if the 
     individual making the request for the headstone or marker 
     certifies to the Secretary that the headstone or marker will 
     be placed within the grounds of the cemetery in which the 
     grave for which the headstone or marker is requested and as 
     close as possible or practicable to that grave.''.
       (e) Delivery of Government Headstones or Markers.--
     Subsection (d)(2) of such section, as amended by subsection 
     (c), is further amended by inserting before the period at the 
     end the following: ``or to a receiving agent of that 
     cemetery''.
       (f) Selection of Government Headstones and Markers.--
     Subsection (d) of such section, as amended by subsections 
     (a), (c), (d), and (e), is further amended by adding at the 
     end the following new paragraph (3):
       ``(3) The headstone or marker furnished under this 
     subsection shall be the headstone or marker selected by the 
     individual making the request for the headstone or marker 
     from among all the headstones and markers made available by 
     the Government and certified as acceptable for placement.''.
       (g) Retroactive Effective Date.--The amendments made by 
     this section shall apply as if enacted in section 502 of the 
     Veterans Education and Benefits Expansion Act of 2001 (Public 
     Law 107-103; 38 U.S.C. 2306 note).

     SEC. 203. PROVISION OF GOVERNMENT MEMORIAL HEADSTONES OR 
                   MARKERS AND MEMORIAL INSCRIPTIONS FOR DECEASED 
                   DEPENDENT CHILDREN OF VETERANS WHOSE REMAINS 
                   ARE UNAVAILABLE FOR BURIAL.

       (a) Provision of Memorial Headstones or Markers.--
     Subsection (b) of section 2306 of title 38, United States 
     Code, is amended--
       (1) by adding at the end of paragraph (2) the following new 
     subparagraph:
       ``(C) An eligible dependent child of a veteran.''; and
       (2) by adding at the end of paragraph (4) the following new 
     subparagraph:
       ``(C) For purposes of this section, the term `eligible 
     dependent child' means a child--
       ``(i) who is under 21 years of age, or under 23 years of 
     age if pursuing a course of instruction at an approved 
     educational institution; or
       ``(ii) who is unmarried and became permanently physically 
     or mentally disabled and incapable of self-support before 
     reaching 21 years of age, or before reaching 23 years of age 
     if pursuing a course of instruction at an approved 
     educational institution.''.
       (b) Addition of Memorial Inscription to Headstone or Marker 
     of Veteran.--Subsection (f) of such section is amended by 
     inserting ``or eligible dependent child'' after ``surviving 
     spouse'' both places it appears.
       (c) Effective Date.--The amendments made by subsections (a) 
     and (b) shall apply with respect to individuals dying after 
     the date of the enactment of this Act.

              TITLE III--VETERANS' EMPLOYMENT AND TRAINING

     SEC. 301. PROFESSIONAL QUALIFICATIONS FOR DISABLED VETERANS' 
                   OUTREACH PROGRAM SPECIALISTS AND LOCAL 
                   VETERANS' EMPLOYMENT REPRESENTATIVES.

       (a) Establishment of Guidelines by Secretary.--Section 4107 
     of title 38, United States Code, is amended by adding at the 
     end the following new subsection:
       ``(d) The Secretary shall maintain guidelines for use by 
     States in establishing the professional qualifications 
     required under subclause (IV) of section 4102A(c)(2)(A)(i) of 
     this title for determining the eligibility for employment, 
     and eligibility for the continued employment, of State 
     employees who are designated as disabled veterans' outreach 
     program specialists and local veterans' employment 
     representatives under this chapter.''.
       (b) Submission of Annual Professional Qualifications as a 
     Condition of State Receipt of Funds Under VETS Program.--
     Clause (i) of section 4102A(c)(2)(A) of such title is 
     amended--
       (1) in subclause (II), by striking ``and'' at the end;
       (2) in subclause (III), by striking the period at the end 
     and inserting a semicolon; and
       (3) by adding at the end the following new subclauses:
       ``(IV) the professional qualifications used by the State 
     for determining the eligibility for employment, and 
     eligibility for continued employment, of State employees who 
     are designated as disabled veterans' outreach program 
     specialists and local veterans' employment representatives 
     under this chapter; and
       ``(V) the training required or provided by the State for 
     State employees who are designated as

[[Page 15543]]

     disabled veterans' outreach program specialists and local 
     veterans' employment representatives under this chapter.''.
       (c) Deadline for Establishment of Qualifications.--The 
     Secretary of Labor shall establish the guidelines for 
     professional qualifications required by sections 4107(d) of 
     title 38, United States Code, as added by subsection (a), not 
     later than the date that is 180 days after the date of the 
     enactment of this Act.
       (d) Technical Amendments.--
       (1) Amendments.--Section 4102A of such title, as amended by 
     subsection (b), is further amended--
       (A) in subsection (c)--
       (i) by striking clause (ii) of paragraph (2)(B) and 
     redesignating clause (iii) as clause (ii); and
       (ii) in paragraph (6)--

       (I) by inserting ``(29 U.S.C. 2801 et seq.)'' after ``the 
     Workforce Investment Act of 1998''; and
       (II) by inserting ``(29 U.S.C. 49 et seq.)'' after ``the 
     Wagner-Peyser Act''; and

       (B) in subsection (f)--
       (i) in paragraph (1), by striking ``establish and''; and
       (ii) by striking the heading and inserting the following: 
     ``Performance Standards and Outcomes Measures.--''.
       (2) Effective date.--The amendment made by clause (i) of 
     paragraph (1)(A) shall take effect on October 1, 2006.

     SEC. 302. RULES FOR PART-TIME EMPLOYMENT FOR DISABLED 
                   VETERANS' OUTREACH PROGRAM SPECIALISTS AND 
                   LOCAL VETERANS' EMPLOYMENT REPRESENTATIVES.

       (a) Disabled Veterans' Outreach Program Specialists.--
     Section 4103A of title 38, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(c) Part-Time Employees.--A part-time disabled veterans' 
     outreach program specialist shall perform the functions of a 
     disabled veterans' outreach program specialist under this 
     section on a half-time basis.''.
       (b) Local Veterans' Employment Representatives.--Section 
     4104 of such title is amended by adding at the end the 
     following new subsection:
       ``(e) Part-Time Employees.--A part-time local veterans' 
     employment representative shall perform the functions of a 
     local veterans' employment representative under this section 
     on a half-time basis.''.
       (c) Effective Date.--Sections 4103A(c) and 4104(e) of title 
     38, United States Code, as added by subsections (a) and (b), 
     shall apply with respect to pay periods beginning after the 
     date that is 180 days after the date of the enactment of this 
     Act.

     SEC. 303. STATE LICENSING AND CERTIFICATION PROGRAMS FOR 
                   VETERANS.

       (a) Requirement as a Condition of VETS Funding.--Section 
     4102A(c) of title 38, United States Code, as amended by 
     section 301, is further amended by adding at the end the 
     following new paragraph:
       ``(8) As a condition of a grant or contract under which 
     funds are made available to a State in order to carry out 
     section 4103A or 4104 of this title, the Secretary shall 
     require the State to provide a licensing and certification 
     program under which a veteran may receive credit toward a 
     license or certification based on training or experience the 
     veteran acquired while serving in the Armed Forces.''.
       (b) Effective Date.--Section 4102A(c)(8) of title 38, 
     United States Code, as added by subsection (a), shall apply 
     to a grant or contract under which funds are made available 
     to a State in order to carry out section 4103A or 4104 of 
     such title beginning with the second program year beginning 
     after the date of the enactment of this Act.

     SEC. 304. TRAINING OF NEW DISABLED VETERANS' OUTREACH PROGRAM 
                   SPECIALISTS AND LOCAL VETERANS' EMPLOYMENT 
                   REPRESENTATIVES BY NVTI REQUIRED.

       (a) Training Required.--Section 4102A(c) of title 38, 
     United States Code, is further amended by adding after 
     paragraph (8), as added by section 303, the following new 
     paragraph:
       ``(9)(A) As a condition of a grant or contract under which 
     funds are made available to a State in order to carry out 
     section 4103A or 4104 of this title, the Secretary shall 
     require the State to require each employee hired by the State 
     who is designated as disabled veterans' outreach program 
     specialist or a local veterans' employment representative 
     under this chapter to satisfactorily complete training 
     provided by the National Veterans' Employment and Training 
     Services Institute during the three-year period that begins 
     on the date on which the employee is so designated.
       ``(B) For any employee described in subparagraph (A) who 
     does not complete such training during such period, the 
     Secretary may reduce by an appropriate amount the amount made 
     available to the State employing that employee.''.
       (b) Submission of Employee Training Information Required.--
     Section 4102A(c)(2)(A) of such title is amended--
       (1) by redesignating clause (iii) as clause (iv); and
       (2) by inserting after clause (ii) the following new clause 
     (iii):
       ``(iii) For each employee of the State who is designated as 
     disabled veterans' outreach program specialist or a local 
     veterans' employment representative under this chapter--
       ``(I) the date on which the employee is so designated; and
       ``(II) whether the employee has satisfactorily completed 
     training provided by the National Veterans' Employment and 
     Training Services Institute.''.
       (c) Applicability.--
       (1) Applicability to new employees.--Paragraph (9) of 
     section 4102A(c) of such title, as added by subsection (a), 
     and clause (iii) of section 4102A(c)(2)(A) of such title, as 
     added by subsection (b), shall apply with respect to a State 
     employee designated as a disabled veterans' outreach program 
     specialist or a local veterans' employment representative 
     under chapter 41 of such title who is so designated after the 
     date of the enactment of this Act.
       (2) Applicability to certain employees hired before date of 
     enactment.--The Secretary of Labor shall apply such paragraph 
     to a State employee designated as a disabled veterans' 
     outreach program specialist or a local veterans' employment 
     representative under chapter 41 of such title who was so 
     designated during the five-year period before the date of the 
     enactment of this Act by substituting ``during the period 
     beginning on the date on which the employee is so designated 
     and ending on the date that is five years after the date of 
     the enactment of the Veterans Small Business and Memorial 
     Affairs Act of 2006'' for ``during the three-year period that 
     begins on the date on which the employee is so designated''.

     SEC. 305. MATTERS FOR INCLUSION IN ANNUAL REPORT ON VETS 
                   PROGRAM.

       Section 4107(c) of title 38, United States Code, is 
     amended--
       (1) by redesignating paragraphs (3) through (6) as 
     paragraphs (10) through (13), respectively; and
       (2) by inserting after paragraph (2) the following new 
     paragraphs:
       ``(3) the number of veterans, disabled veterans, and 
     special disabled veterans who requested training from the 
     public employment service system;
       ``(4) the total number of eligible veterans participating 
     in each program for the provision of employment and training 
     services designed to meet the needs of eligible veterans and 
     eligible persons and the number of such veterans as a 
     percentage of the total number of participants in each such 
     program;
       ``(5) for each State, the percentage of persons seeking 
     employment in the State who are veterans;
       ``(6) for each State, the number of veterans referred to a 
     small business development center in that State and the 
     number of veterans referred to the National Veterans Business 
     Development Corporation established under section 33 of the 
     Small Business Act (15 U.S.C. 657c);
       ``(7) the total number of such veterans and disabled 
     veterans who remain employed for at least 90 days in such 
     jobs;
       ``(8) the number of such veterans and disabled veterans who 
     remain employed for at least 180 days in such jobs;
       ``(9) the average starting wage or salary paid to such 
     veterans and disabled veterans and, if applicable, the 
     average wage or salary paid to such veterans and disabled 
     veterans as of the 180th day of employment;''.

     SEC. 306. DEMONSTRATION PROJECT ON CONTRACTING FOR PLACEMENT 
                   OF CERTAIN DISABLED VETERANS.

       (a) Demonstration Project.--Section 4102A of title 38, 
     United States Code, as amended by sections 301, 303, and 304, 
     is further amended by adding at the end the following new 
     subsection:
       ``(h) Demonstration Project on Contracting for Placement of 
     Veterans in High-Unemployment Areas.--(1) From unobligated 
     funds made available for a fiscal year to carry out sections 
     4103A and 4104 of this title, the Secretary of Labor, acting 
     through the Assistant Secretary of Labor for Veterans' 
     Employment and Training, may enter into a contract with a 
     nongovernmental entity to carry out job placement services 
     for veterans during that fiscal year in a locality where the 
     unemployment rate for veterans exceeds the national average 
     unemployment rate.
       ``(2) In entering into a contract under paragraph (1), the 
     Secretary of Labor may use procedures other than competitive 
     procedures.
       ``(3) In entering into a contract under paragraph (1), the 
     Secretary of Labor shall give priority to a small business 
     concern owned and controlled by veterans that is listed in 
     any small business database maintained by the Secretary of 
     Veterans Affairs.
       ``(4) The total amount obligated under contracts entered 
     into under paragraph (1) for any fiscal year may not exceed 
     $3,000,000.
       ``(5) The authority to enter into a contract under this 
     subsection shall terminate on the date that is five years 
     after the date of the enactment of the Veterans Small 
     Business and Memorial Affairs Act of 2006.''.
       (b) GAO Report.--Not later than four years after the date 
     of the enactment of this Act, the Comptroller General shall 
     submit to the Committees on Veterans' Affairs of the Senate 
     and House of Representatives a report on the demonstration 
     project under subsection (h) of section 4102A of title 38, 
     United States Code, as added by subsection (a).

     SEC. 307. PERFORMANCE INCENTIVE AWARDS FOR EMPLOYMENT SERVICE 
                   OFFICES.

       (a) Provision of Incentives to Employment Service 
     Offices.--Section 4112 of title 38, United States Code, is 
     amended--
       (1) in subsection (a)(1)(B), by inserting ``and employment 
     service offices'' after ``recognize eligible employees'';
       (2) in subsection (c)--
       (A) in paragraph (1), by striking ``and'' at the end;
       (B) in paragraph (2)--
       (i) by striking ``is'' and inserting ``in the case of such 
     an award made to an eligible employee, shall be''; and

[[Page 15544]]

       (ii) by striking the period at the end and inserting the 
     following: ``; and''; and
       (C) by adding at the end the following new paragraph:
       ``(3) in the case of such an award made to an employment 
     service office, may be used by that employment service office 
     for any purpose.''.
       (b) Conforming Amendment.--The heading for subsection (c) 
     of such section is amended to read as follows: 
     ``Administration and Use of Awards.--''.

     SEC. 308. DEPARTMENT OF LABOR IMPLEMENTATION OF PRIORITY OF 
                   SERVICE FOR VETERANS REQUIREMENT.

       Not later than one year after the date of the enactment of 
     this Act, the Secretary of Labor shall prescribe regulations 
     to implement section 4215 of title 38, United States Code.

     SEC. 309. DEMONSTRATION PROJECT ON CREDENTIALING AND 
                   LICENSURE OF VETERANS.

       (a) Establishment of Demonstration Project.--Chapter 41 of 
     title 38, United States Code, is amended by adding at the end 
     the following new section:

     ``Sec. 4114. Demonstration project on credentialing and 
       licensure of veterans

       ``(a) Establishment and Purpose of Demonstration Project.--
     The Assistant Secretary for Veterans' Employment and Training 
     shall carry out a demonstration project on credentialing in 
     accordance with this section for the purpose of facilitating 
     the seamless transition of members of the Armed Forces from 
     service on active duty to civilian employment.
       ``(b) Credentialing and Licensure of Veterans.--(1) The 
     Assistant Secretary shall select not less than ten military 
     occupational specialties for purposes of the demonstration 
     project. Each such speciality selected by the Assistant 
     Secretary shall require a skill or set of skills that is 
     required for civilian employment in an industry with high 
     growth or high worker demand.
       ``(2) The Assistant Secretary shall consult with 
     appropriate Federal, State, and industry officials to 
     identify requirements for credentials, certifications, and 
     licenses that require a skill or set of skills required by a 
     military occupational specialty identified under paragraph 
     (1).
       ``(3) The Assistant Secretary shall analyze the 
     requirements identified under paragraph (2) to determine 
     which requirements may be satisfied by the skills, training, 
     or experience acquired by members of the Armed Forces with 
     the military occupational specialties selected under 
     paragraph (1).
       ``(c) Elimination of Barriers to Credentialing and 
     Licensure.--The Assistant Secretary shall cooperate with 
     appropriate Federal, State, and industry officials to reduce 
     or eliminate any barriers to providing a credential, 
     certification, or license to a veteran who acquired any 
     skill, training, or experience while serving as a member of 
     the Armed Forces with a military occupational specialty 
     selected under subsection (b)(1) that satisfies the Federal 
     and State requirements for the credential, certification, or 
     license.
       ``(d) Task Force.--The Assistant Secretary may establish a 
     task force of individuals with appropriate expertise to 
     provide assistance to the Assistant Secretary in carrying out 
     this section.
       ``(e) Consultation.--In carrying out this section, the 
     Assistant Secretary shall consult with the Secretary of 
     Defense, the Secretary of Veterans Affairs, appropriate 
     Federal and State officials, private-sector employers, labor 
     organizations, and industry trade associations.
       ``(f) Contract Authority.--For purposes of carrying out any 
     part of the demonstration project under this section, the 
     Assistant Secretary may enter into a contract with a public 
     or private entity with appropriate expertise.
       ``(g) Period of Project.--The Assistant Secretary shall 
     carry out the demonstration project under this section during 
     the period beginning on the date that is 60 days after the 
     date of the enactment of this section and ending on September 
     30, 2009.
       ``(h) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Assistant Secretary to 
     carry out this section $1,000,000 for each of fiscal years 
     2007 through 2009.''.
       (b) Membership of Advisory Committee on Veterans 
     Employment, Training, and Employer Outreach.--Section 
     4110(c)(1)(A) of such title is amended--
       (1) by striking ``Six'' and inserting ``Seven''; and
       (2) by adding at the end the following new clause:
       ``(vii) The National Governors Association.''.
       (c) Clerical Amendment.--The table of sections at the 
     beginning of chapter 41 of such title is amended by adding at 
     the end the following new item:

``4114. Demonstration project on credentialing and licensure of 
              veterans.''.

                          TITLE IV--EDUCATION

     SEC. 401. EXCEPTION FOR INSTITUTIONS OFFERING GOVERNMENT-
                   SPONSORED NONACCREDITED COURSES TO REQUIREMENT 
                   OF REFUNDING UNUSED TUITION.

       Section 3676(c)(13) of title 38, United States Code, is 
     amended by striking ``prior to completion'' and all that 
     follows and inserting the following: ``before completion 
     and--
       ``(A) in the case of an institution other than (i) a 
     Federal, State, or local Government institution or (ii) an 
     institution described in subparagraph (B), such policy 
     provides that the amount charged to the eligible person for 
     tuition, fees, and other charges for a portion of the course 
     shall not exceed the approximate pro rata portion of the 
     total charges for tuition, fees, and other charges that the 
     length of the completed portion of the course bears to its 
     total length; and
       ``(B) in the case of an institution that is a nonaccredited 
     public educational institution, the institution has and 
     maintains a refund policy regarding the unused portion of 
     tuition, fees, and other charges that is substantially the 
     same as the refund policy followed by accredited public 
     educational institutions located within the same State as 
     such institution.''.

     SEC. 402. EXTENSION OF WORK-STUDY ALLOWANCE.

       Section 3485(a)(4) of title 38, United States Code, is 
     amended by striking ``December 27, 2006'' each place it 
     appears and inserting ``June 30, 2007''.

     SEC. 403. REPORT ON IMPROVEMENT IN ADMINISTRATION OF 
                   EDUCATIONAL ASSISTANCE BENEFITS.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary of Veterans Affairs shall submit to 
     Congress a report on the administration of education benefits 
     under chapters 30, 31, 32, 34, 35, and 36 of title 38, United 
     States Code, and chapters 1606 and 1607 of title 10, United 
     States Code, that proposes methods to streamline the 
     processes and procedures of administering such benefits.

     SEC. 404. RESTORATION OF LOST ENTITLEMENT FOR INDIVIDUALS WHO 
                   HAD TO DISCONTINUE A COURSE OF EDUCATION 
                   BECAUSE OF BEING ORDERED TO FULL-TIME NATIONAL 
                   GUARD DUTY.

       (a) Restoration of Entitlement.--Section 3511(a)(2)(B)(i) 
     of title 38, United States Code, is amended by inserting 
     after ``title 10'' the following: ``or of being involuntarily 
     ordered to full-time National Guard duty under section 502(f) 
     of title 32''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply with respect to a payment of educational 
     assistance allowance made after September 11, 2001.

     SEC. 405. TECHNICAL AMENDMENTS.

       Section 3485 of title 38, United States Code, is amended--
       (1) in subsection (a)(4)(E), by inserting ``or 1607'' after 
     ``chapter 1606'';
       (2) in subsection (b), by striking ``chapter 106'' and 
     inserting ``chapter 1606 or 1607''; and
       (3) in subsection (e)(1)--
       (A) by striking ``services of the kind described in clauses 
     (A) through (E) of subsection (a)(1) of this section'' and 
     inserting ``a qualifying work-study activity described in 
     subsection (a)(4)''; and
       (B) by striking ``chapter 106'' and inserting ``chapter 
     1606 or 1607''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
Hampshire (Mr. Bradley) and the gentleman from Colorado (Mr. Salazar) 
each will control 20 minutes.
  The Chair recognizes the gentleman from New Hampshire.
  Mr. BRADLEY of New Hampshire. Madam Speaker, I yield myself such time 
as I may consume.
  Madam Speaker, I start out again by thanking my friend from Colorado 
for his work on this bill.
  Madam Speaker, I rise today in support of H.R. 3082, as amended, the 
Veterans Small Business and Memorial Affairs Act of 2006.
  Title I of this bill improves the status of veteran and disabled 
veteran small businesses when competing for contracts at the Department 
of Veterans Affairs. It would be a reasonable expectation, Madam 
Speaker, that of all the Federal Government's agencies, the Department 
of Veterans Affairs would be a leader in achieving the President's goal 
for annual procurement from at least 3 percent disabled veteran-owned 
businesses. Sadly, not. Our most recent data from fiscal year 2005 
indicates that VA did barely over half of what the President asked and 
public law required.
  Deficient as it is, VA's record beats many other agencies, including 
the Department of Defense. According to the Small Business 
Administration, only three of 81 Federal agencies met the President's 3 
percent goal.
  H.R. 3082, as amended, would require the VA Secretary to establish 
annual contracting goals for small businesses owned and controlled by 
veterans and service-disabled veterans. The goal for service-disabled 
veterans shall not be less than 3 percent.
  The Department of Veterans Affairs would also be required under title 
I to maintain and validate a database of small businesses owned by 
veterans and disabled veterans.
  The bill would clarify veterans small business competition rules for 
contracts worth less than $5 million.
  Veteran and service-disabled, veteran-owned small businesses would be 
given priority in VA contracting, as well as priority among other set-
aside

[[Page 15545]]

groups eligible for preferential treatment under the Small Business 
Act.
  Title I of the bill would allow a business' status as a veteran or 
disabled veteran-owned small business to continue for a period of 10 
years following the death of the veteran owner if the surviving spouse 
owns the business.
  Under title II of the bill, tribal governments would be allowed to 
participate in VA's State Cemetery Grants Program. This program, which 
dates back to 1978, complements the Department's national cemetery 
system. Tribal governments, however, are not eligible to participate. 
This bill would correct that deficiency and help recognize the 
unexcelled service of Native Americans in our Nation's Armed Forces by 
facilitating the establishment of veterans' cemeteries on trust land.
  Title II contains a provision that would permanently authorize the VA 
Secretary to provide the family of a veteran interred in a private 
cemetery with a government marker in addition to any headstone the 
family may have provided.
  Congress had given the Secretary a 5-year authority effective for 
deaths that occurred as of September 11, 2001. This bill would also 
expand the benefit to include veterans who died between November 1, 
1990, and September 10, 2001. This provision would also permit the 
Secretary to offer a headstone in lieu of a marker, if the family so 
requests.
  The simple elegance of the veteran's marker, used since just after 
our Civil War in American cemeteries from Arlington to Normandy, holds 
a sacred place in the hearts of many veterans and families.
  On behalf of Chairman Buyer, I want to thank a tireless supporter of 
our veterans--Representative Nancy Johnson of Connecticut--for her 
perseverance and leadership in working to ensure families the 
availability of this unique symbol of service to our country.
  Title III of this bill contains provisions affecting the Department 
of Labor's Veterans Employment and Training Service.
  Title III would require the Veterans Employment Training Service, 
otherwise known as VETS, to establish nonmandatory guidelines for 
disabled veterans outreach program specialists and local veterans 
employment representatives qualifications.
  The bill would clarify that part-time employment of DVOPS and LVERs 
is half-time employment and require that DVOPS and LVERs hired after 
date of enactment to successfully complete training by the National 
Veterans Training Institute within 3 years of appointment. States would 
be required to develop a licensing and certification program for 
veterans within 2 years of enactment under title III of the bill.
  A 5-year demonstration project would be authorized to allow 
Department of Labor VETS to enter into contracts with nongovernmental 
entities to carry out employment services in high unemployment areas 
using unobligated funds and require GAO to report on the demonstration 
project.
  Finally, title III would establish a 3-year demonstration project to 
identify not less than 10 military occupational specialties that would 
lead to State licensing and authorize $1 million for the fiscal years 
2007 through 2009.
  The final title of the bill would make modification to the veterans' 
education programs.
  Title IV would clarify pro rata refund policy for nonaccredited 
educational institutions; extend authorization for work-study positions 
located at veterans cemeteries, State veterans homes, and State 
approving agencies through June 30, 2007. It would further require the 
VA to report on methods to improve and streamline the administrative 
processes and procedures of education programs in chapters 30 through 
36, and restore lost entitlement for certain chapter 35 education 
beneficiaries forced to discontinue a course of education due to being 
called to full-time National Guard duty.
  Madam Speaker, I reserve the balance of my time.
  Mr. SALAZAR. Madam Speaker, I yield myself as much time as I may 
consume.
  I rise today in strong support of H.R. 3082, as amended, the Veterans 
Small Business Administration and Memorial Affairs Act of 2006. This 
bill incorporates a host of important measures aimed at improving 
employment and small business opportunities for servicemembers and 
veterans, as well as provisions to enhance the VA's capability to 
honorably memorialize our fallen soldiers and heroes and comfort their 
families.
  I would like to thank Chairman Buyer and Ranking Member Lane Evans 
for their leadership in the full committee, as well as all of my 
colleagues on the full committee for their assistance in moving this 
bill to the floor today.
  I especially want to express my appreciation to the chairman and 
ranking member of the Economic Opportunity Subcommittee, Congressman 
John Boozman of Arkansas and Congresswoman Stephanie Herseth of South 
Dakota, for all their hard work and bipartisan leadership on the 
subcommittee this session.
  I look forward to the committee beginning discussions with the Senate 
to ensure passage of a bipartisan, bicameral veterans' benefits package 
for this year. I know that the veterans of my State of Colorado and all 
the veterans of this great country will appreciate the important 
benefits and memorial improvements that we have included in this 
legislative measure.
  Madam Speaker, H.R. 3082, as amended, incorporates important 
provisions from a number of Members interested in improving the quality 
of life of our veterans. Specifically, this legislation would provide 
greater incentives for the Department of Veterans Affairs to continue 
to improve its performance with respect to contracting with veteran-
owned small businesses.
  It would enhance employment counseling, job training and 
credentialing services for servicemembers transitioning out of the 
military and seeking to enter the civilian workforce. The legislation 
also seeks to improve the veterans' education claims processing system.
  Additionally, in the area of memorial affairs, the bill would 
authorize the VA to provide State cemetery grants to tribal governments 
seeking to establish, expand or improve State veterans' cemeteries. And 
finally, it would make permanent the VA's authority to provide 
headstones and markers for veterans interred in private cemeteries.
  Madam Speaker, the VA National Cemetery Administration consistently 
ranks as one of the best agencies in government. We, in Congress, must 
continue to do all we can to assist NCA to remain at the top.
  Madam Speaker, I support H.R. 3082, as amended, and appreciate the 
work of the committee and the staff in developing these measures in a 
bipartisan and professional manner. The servicemembers, veterans and 
military families of this Nation have earned and deserve our best 
efforts here in Congress. Indeed, they deserve even more.
  I urge all the Members to support this legislation.
  Madam Speaker, I reserve the balance of my time.
  Mr. BRADLEY of New Hampshire. Madam Speaker, I yield 4 minutes to the 
gentlewoman from Connecticut (Mrs. Johnson), and recognize her for her 
hard work on this issue.
  Mrs. JOHNSON of Connecticut. Madam Speaker, I thank my colleague from 
New Hampshire (Mr. Bradley) for the opportunity to speak in support of 
this bill and particularly to thank him and to thank the chairman, Mr. 
Buyer, and the subcommittee chairman, Mr. Miller, for the work they 
have done to address the needs of our veterans and to accommodate the 
measures of myself and other colleagues' ideas we have brought to your 
attention in this bill.
  I am particularly grateful that you have included my bill in this 
reauthorization and will extend a provision for government furnished 
grave markers, because this bill arises from the experience of my 
constituents and the distress of families I represent at the demise of 
an old benefit for at least a certain number of years.
  The grave marker benefit enables all veterans to receive a headstone 
or grave marker commemorating their service to our country, at no cost 
to their families. There was a time when

[[Page 15546]]

this benefit was available to all veterans, and then it was not 
available for a variety of reason, although it was uneven. It was 
available to some veterans and not others because of the regulatory 
complexity of the governing of a simple benefit.
  In 2001, it was enacted and 7,500 families nationwide took advantage 
of this provision, and that number continues to grow each year.
  One of the families that was enabled to benefit after 2001 was the 
family of Agostino Guzzo, a World War II veteran from my home State of 
Connecticut, who inspired the legislation in 2001 and who has inspired 
this legislation that we pass here today as part of this larger bill. 
It was his son that brought to my attention the quirk in the law and 
law procedures that was allowing some veterans, while denying other 
veterans an enduring recognition of their service to our country.
  Like you, I remain committed to providing America's veterans with 
benefits that fully recognize the sacrifices these men and women made 
in defense of our Nation. Our gratitude should be expressed not only in 
the education and employment benefits we provide them in life, but also 
through permanent remembrance of their service that we provide upon 
their passing.
  I thank the committee for including the grave marker provision in 
this bill, and I thank Secretary Nicholson and the VA for offering it 
their enthusiastic endorsement.
  I urge all my colleagues to join me in passing this important benefit 
for America's veterans as part of this larger upgrading of other 
veterans benefits.
  I thank you for allowing me this opportunity, and I thank the 
committee for its vigilance by Members on both sides of the aisle in 
regard to the interests of our veterans and the ever-changing needs of 
them as they age and as the shape of their lives change.
  So I thank you, I thank the staff Members, and I appreciate this 
opportunity to support this bill.

                              {time}  1645

  Mr. SALAZAR. Madam Speaker, I would like to yield 3 minutes to a 
valued member of the Veterans Affairs Committee, the distinguished 
gentleman from New Mexico (Tom Udall).
  Mr. UDALL of New Mexico. Madam Speaker, I thank my good friend and 
neighbor, the gentleman from Colorado, and I rise today in support of 
today's veterans legislation, specifically H.R. 3082, which includes 
the Native American Veterans Cemetery Act, legislation I introduced 
early last year.
  I would like to thank House Veterans Affairs Committee Chairman Buyer 
and Ranking Member Evans for their leadership on H.R. 3082. I would 
also like to personally thank committee staff member Mary Ellen 
McCarthy for her tireless work on this and other important veterans 
issues, and thank my legislative assistant, Pablo Duran, for his hard 
work on this bill.
  One of the missions of the Department of Veterans Affairs is to 
provide the men and women of the U.S. Armed Services with a final 
resting place, a mission accomplished through the 122 national 
cemeteries maintained by the VA. In addition, a State grant program 
through the VA allows for construction of State cemeteries, thereby 
giving most veterans a chance to be laid to rest close to home.
  However, many Native American veterans who live on tribal lands do 
not have such an opportunity. This legislation would change that. 
Tribal governments would be put on the same footing as States, 
consistent with tribal sovereignty, by allowing them to apply for 
grants to establish, expand, and improve tribal veterans cemeteries.
  In addition to many cosponsors from both sides of the aisle, the 
legislation enjoys the support of the Navajo Nation, the State 
legislatures of Arizona and New Mexico, the National American Indian 
Veterans organization, and the VA itself. In fact, VA Secretary 
Nicholson stated that this legislation ``would create another means of 
accommodating the burial needs of Native American veterans who wish to 
be buried in tribal lands.'' I couldn't agree more.
  Madam Speaker, I strongly support allowing Native American veterans 
the chance to be buried on tribal lands, close to their ancestors and 
with the full dignity and honor they earned through their service. I am 
hopeful that my legislation, through H.R. 3082, will be fully supported 
by this body.
  Mr. BRADLEY of New Hampshire. Madam Speaker, I close by commending 
the work of the chairman of the committee, Chairman Buyer, Ranking 
Member Evans, Acting Ranking Member Filner, and my colleagues Mr. 
Salazar and Mr. Udall for their hard work on this legislation.
  I would also like to take this opportunity to thank the staff of the 
Veterans Affairs Committee on a bipartisan basis, not only for their 
hard work on this bill, but the two prior bills we have discussed this 
afternoon.


                             General Leave

  Mr. BRADLEY of New Hampshire. Madam Speaker, I ask unanimous consent 
that all Members may have 5 legislative days in which to revise and 
extend their remarks and include extraneous material on H.R. 3082, as 
amended.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New Hampshire?
  There was no objection.
  Mr. BRADLEY of New Hampshire. Madam Speaker, I ask my colleagues to 
unanimously support H.R. 3082, as amended.
  Madam Speaker, I have no further requests for time, and I yield back 
the balance of my time.
  Mr. SALAZAR. Madam Speaker, I would also like to thank my colleague 
from New Hampshire (Mr. Bradley) for his tireless efforts in addressing 
the veterans issues of this great country.
  Mr. BOOZMAN. Mr. Speaker, I am proud to rise today in support 
legislation that I introduced, H.R. 3082, the Veteran Small Business 
and Memorial Affairs Act of 2006. This is an important piece of 
legislation that will improve veterans' benefits programs.
  I would like to take this opportunity to highlight a few of the 
provisions that would enhance small business and employment 
opportunities for veterans.
  This bill would require the Department of Veterans Affairs to give 
priority to small businesses owned by veterans and service-disabled 
veterans when awarding contracts, even when contracting officers choose 
to use another set aside authority such as 8(a) or HUBZones.
  Madam Speaker, there have been previous attempts to promote veteran-
owned small businesses to the Federal agencies. Public Laws 106-50 and 
108-183 set goals and set aside opportunities for federal agencies. 
Additionally, Executive Order 13360 encouraged Federal agencies to meet 
the goals for veteran-owned businesses.
  Unfortunately, agencies have not been successful in meeting the 
goals. It is truly regrettable that according to Small Business 
Administration data that only three of eighty-one Federal departments 
and agencies have met the three percent goal currently in law for 
service-disabled veteran-owned business. VA was not one of those three, 
I feel VA must set an example for the rest of the government.
  I want to make it plain that the intent of this bill is to put 
veteran-owned businesses, especially service-disabled veteran-owned 
businesses at the front of the line for set aside opportunities at the 
Department of Veterans Affairs. This is a small way for the nation to 
show its appreciation for not only the service these men and women have 
rendered to the nation, but also for their entrepreneurial spirit that 
drives our economy.
  Many servicemembers, upon leaving the Armed Forces, seek employment 
within a field similar to their occupational specialties. However, 
there are several barriers that veterans may face when trying to be 
certified in these fields in their home states.
  When we marked up this legislation in the Economic Opportunity 
Subcommittee of the Committee on Veterans' Affairs, of which I chair, I 
inserted in my Chairman's Amendment, a provision that would require 
states to develop a licensing and certification program as a condition 
of receiving a grant from the Department of Labor's Veterans' 
Employment and Training Service (VETS). The states will have 2 years 
after the date enactment to do this.
  It is also important for the people assisting veterans with 
employment to have the proper qualifications and training to meet the 
needs of veterans. Therefore, my Chairman's Amendment also included a 
provision that would require VETS to establish guidelines for

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non-mandatory professional qualifications for Disabled Veterans 
Outreach Program Specialists (DVOPS) and Local Veterans Employment 
Representatives (LVERs). This bill would also require that all DVOPS 
and LVERs successfully complete training by the National Veterans' 
Training Institute.
  Madam Speaker, veterans as a group is one of this nation's largest 
assets. Their small businesses are very successful and they have proven 
to be excellent employees. The employment and entrepreneurial tools 
within H.R. 3082 would give our veterans the ``leg-up'' that they 
deserve.
  Madam Speaker, I urge my colleagues to support H.R. 3082, as amended.
  Mr. DAVIS of Illinois. Madam Speaker, I rise today in support of H.R. 
3082, the Veterans Small Business and Memorial Affairs Act of 2006. I 
would also like to commend my good friend from my home state of 
Arkansas, Mr. Boozman, for his leadership on this important and timely 
topic.
  The Small Business Association believes that approximately 4 million 
small businesses in the United States are owned by veterans. Many of 
the 4 million veteran owned businesses are owned by veterans that were 
permanently disabled while serving this country. This legislation makes 
a step toward paying our debt to America's veterans by ensuring that 
veterans are not overlooked by the Small Business Administration. H.R. 
3082 requires the Secretary of Veterans Affairs to establish annual 
contracting goals for the Department of Veterans Affairs (VA) to enter 
into with small businesses owned and controlled by veterans and 
service-disabled veterans. The goal for service-disabled, veteran-owned 
small businesses would not be less than three percent.
  Additionally, H.R. 3082 makes strides toward ensuing that our 
veterans receive important employment training services to meet the 
needs of our increasingly technologically driven economy. I am a strong 
believer in the utility of employment training and will continue to 
work in the Committee on Education and the Workforce to expand 
employment training so that we remain competitive in the 21st century. 
I hope that the efficacy of vocational training will once again be 
demonstrated by this program and that this body will invest 
sufficiently in employment training programs. Improved job skills make 
a real difference for both workers and our economy.
  Ms HERSETH. Madam Speaker, I would like to take this opportunity to 
express my support for the Veterans' Small Business and Memorial 
Affairs Act, H.R. 3082. I also would like to thank Rep. John Boozman, 
the Chairman of the Economic Opportunity Subcommittee, for his 
leadership on the small business provisions included in this bill.
  As the Ranking Member of the Economic Opportunity Subcommittee, I am 
proud to have helped develop and strongly support the education, 
training, and employment measures contained in H.R. 3082.
  These provisions are intended to improve veterans' small-business 
opportunities, job-training, and employment services, as well as the 
licensing and certification process for servicemembers transitioning 
into the civilian workforce.
  Our nation's servicemembers, veterans and military families have 
earned the benefits and opportunities provided within this legislation. 
Again, I am pleased to support the measures contained in the Veterans' 
Small Business and Memorial Affairs Act and encourage my colleagues to 
support the bill.
  Mr. MILLER of Florida. Madam Speaker, the provisions in title two 
originated in the Subcommittee on Disability Assistance and Memorial 
Affairs.
  Section 201 would allow tribal governments to participate in the 
State Cemetery Grants Program to establish, expand, and improve 
veterans' cemeteries on trust lands.
  The Department of Veterans Affairs' State Cemetery Grants Program was 
established in 1978 to complement VA's National Cemetery system. VA 
will pay for the construction costs, and states are responsible for 
providing the land and ongoing operating and maintenance expenses.
  There are currently 60 state cemeteries and two under construction, 
and states are planning to open 18 new state veterans' cemeteries 
between 2007 and 2010.
  Owing to the success of the State Cemetery Grants Program, Congress 
made it permanent in Public Law 108-183. However, tribal governments 
are not considered eligible for these cemetery grants. This section 
will provide Native American veterans the opportunity to be buried in a 
veterans' cemetery on trust land.
  Madam Speaker, I'd like to thank Representative Tom Udall, a member 
of the Subcommittee, for bringing this issue to our attention so we 
could include it in the bill under consideration today.
  Section 202 would make permanent the Secretary's authority to furnish 
a government marker for veterans interred in a marked grave at a 
private cemetery, as well as offering a headstone in lieu of a marker, 
if requested by the family. The headstone or marker would be placed on 
the grave, or as close to it as practicable.
  The current five-year authority, which was effective for deaths that 
occurred as of September 11, 2001, expires on December 31st of this 
year. Prior to this authority, if a veteran was buried at a private 
cemetery and the family purchased a private headstone, the veteran was 
ineligible for a government marker.
  We would also expand the benefit to include veterans who died between 
November 1, 1990 and September 10, 2001.
  I want to recognize Representative Nancy Johnson, who has been 
championing this cause for over five years. I appreciate her working 
with the Subcommittee to ensure that veterans and their families 
continue to have access to symbolic expressions of remembrance.
  Finally, section 203 would authorize the Secretary to permit the 
placement of a memorial headstone or marker in a national cemetery when 
a child's remains are unavailable for burial.
  If feasible, VA would be authorized to add a memorial inscription to 
a veteran's headstone rather than providing a separate marker for the 
minor child.
  Currently, VA may provide a memorial headstone or marker for a 
veteran, spouse, or surviving spouse when remains are unavailable.
  However, if a spouse and child die at the same time and in the same 
manner, and the remains for neither are available, a veteran cannot 
receive a memorial headstone honoring the child. This section would 
correct an inequity in current law. Since 2002, VA has received three 
such requests.
  I want to thank Ms. Berkley, the other members of the Subcommittee, 
and staff on both sides of the aisle for their work on the provisions 
incorporated in title two of the amendment. I also thank Chairman 
Buyer, Ranking Member Evans, and Acting Ranking Member Filner for their 
continued leadership.
  I urge my colleagues to support H.R. 3082, as amended.
  Mr. SALAZAR. Madam Speaker, I have no further requests for time, and 
I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New Hampshire (Mr. Bradley) that the House suspend the 
rules and pass the bill, H.R. 3082, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  The title of the bill was amended so as to read: ``A bill to amend 
title 38, United States Code, to make improvements to small business, 
memorial affairs, education, and employment programs for veterans, and 
for other purposes.''.
  A motion to reconsider was laid on the table.

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